3.3.2 As of the effective date of this Rule, a majority of the members holding appointed office at any given timemembers shall constitute a quorum; and no recommendation shall be effective without the affirmative vote of a majority of the quorum. Any member who fails to attend three (3) consecutive regular business meetings without a valid excuse, or who fails to attend at least half of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed by the Commission.

45.5 The hours as outlined are the minimum hours to be offered; a school or on-linedistance education program presenting the Delaware Real Estate Pre-Licensing Course may offer a course with more hours.

45.6 Up to 60 hours of any on-line pre-licensing course, accredited by Delaware or another state, may be used towards tThe total 99 required salesperson pre-licensing hours may be taken through distance education. An applicant may also take 39 hours of Delaware Real Estate Law on-line.

45.7 The presentation which follows includes topics to be covered and the number of hours to be devoted to each. The manner in which the school or online-distance education program sequences the topics does not have to follow the sequence listed. Individual schools or online-distance education programs should develop a topical understanding of the material and for the instructors’ presentation.

45.8 Where the course is given in a school, the time to be devoted to each topic is listed as “hours”. An hour is defined as fifty (50) minutes of direct contact and ten (10) minutes of break. The three 10 minute break periods, or a total of thirty (30) minutes, can be taken in any means felt appropriate by the instructor.

45.9.3 General discussion of actual business practices on the part of the licensee to successfully conduct an agent’s business; i.e., compensation, hours, taxes, automobile liability, business liability, cooperation with other brokers and agents, and demands of public on agent’s time, expertise, and services.

45.9.4 School or on-linedistance education program shall offer a math pretest for those students who wish to exempt themselves from attendance, or participation, where on-line, of the math portion of this course. This optional math pretest shall be equivalent to the final test given at the conclusion of the math section in content and length. The content of the pretest shall cover each of the topics covered in the course. The students shall be permitted to use calculators when taking the test and a passing score of 80 percent shall exempt a student from taking the math section of this course.

45.12.3 Computation of PITI monthly mortgage payment and qualifying a buyer for that payment; computation of simple interest and the amortization of a mortgage loan; computation of discount points; computation of PMI – (6) hours

45.13.7 Dissemination of information concerning application to take the licensing examination administered by testing service

45.13.8 Conduct evaluation of course, instructor, facilities and coordination, and to forward evaluation results to the Real Estate Commission within ten (10) days of completion of the education course

45.13.9 Submission of course to Delaware Real Estate Commission for approval prior to offering course. Accountability for the quality of the course given shall remain with the sponsoring organization.

45.14 Instruction: Three individuals are preferred for instruction of the course:

45.14.1 a Delaware attorney whose practice has an emphasis on real estate transactions,

45.14.2 a practicing Delaware licensed resident broker with a minimum of 5 years of experience as a Delaware licensee, or a practicing Delaware licensed nonresident broker with 5 years broker practice experience

45.14.4 no more than 1 primary instructor from any one real estate firm will be allowed. Additionally, when a specialized topic is presented, it is encouraged that a specialist be used for that particular session, e.g., an environmentalist to cover environmental concerns including soil analysis, septic systems, etc. Where the course is an on-line offering, instructor(s) qualified at these levels must be accessible to the student. For on-line programs, the instructors must be approved by ARELLO.

45.14.5 Because there is some overlapping of material among the three major topics, it is desirable, where appropriate, that the course coordinator schedule a meeting of the instructors prior to orientation to: (1) coordinate the presentation of material, and (2) decide who will give major emphasis to specific topics. During this meeting, it must be remembered that some of the students may not, because of exemption, be attending the mathematics portion of the course.

45.15 Location: Where the provider is a school, rather than distance learning, the location of any pre-licensing course must be a DOE approved facility.

45.187 Following successful completion, students shall receive from the institution or on-line program verification of this status. Verification shall be in certificate form as described in the Guidelines for Fulfilling the Delaware Real Estate Education Requirements.

45.198 Attendance: Where the course is given in a school, it is strongly recommended that students do not miss any sessions. However, students may miss four sessions, but not more than two in any one subject area (legal, sales or mathematics) and still successfully complete the course. Being absent from a session will not relieve a student of the responsibility for the material covered.

45.210 Aninstitutionschool or on-linedistance education program shall allow a student to take or sit for a minimum of one retake examination in each area, legal, sales, mathematics, prior to documenting course failure. It is required that a new examination be developed for students who request retake examinations.

45.221 Evaluation: Where the course is given in a school, aAt the conclusion of the course, the course coordinator shall conduct a student evaluation of the course, facilities, instructors and the coordination of the course on the form approved by the Commission. They shall submit those evaluations to the Delaware Real Estate Commission’s Education Committee within fifteen (15) days of completion of the course with the evaluation summary report form mandated by Education Guideline 8.49.5. Prelicensing providers will also conduct a regular post prelicensing survey on the form following as the final page of this course guideline. Completed forms received by the provider must be retained for a two year period. The provider must furnish the forms upon request from the Commission.

45.243 Instructors may and are encouraged to use additional references and hand out materials as needed. Instructors are encouraged to use sample contracts, sample leases, and sample settlement sheets. All real estate information should be generic in nature with no implications of any Real Estate firm. No recruiting of any nature will be allowed by an instructor.

45.254 The License Law and the Rules and Regulations of the Commission are readily available on the Commission's web site at www.dpr.delaware.gov. The current Delaware Code is available on line at www.delcode.state.de.us. The Real Estate Candidate Handbook is available from the testing service at www.pearsonvue.com.

56.0 Requirements for the Associate Broker and Broker Licensing Course

56.3.1.10 Broker Responsibilities Under Licensing Law and Rules and Regulations of the Commission: 1) Escrow Deposits; 2) Licensing Including Display of License and Renewal Responsibility; and 3) Responsibility for Associates

56.4 Successful Completion: Successful completion is defined as (1) has attended or on line program taken, and (2) has successfully completed an end-of-course examination. Definitions for attendance and examination completion are set forth in Sections 56.5 and 56.6. Following successful completion, students shall receive from the institution verification of this status. Verification shall be in certificate form as set forth in Section 89.4.4.

56.5 Attendance: Where the course is given in a school, it is strongly recommended that students do not miss any sessions. However, students may miss four sessions, (a session is equivalent to three classroom hours) and still successfully complete the course. Being absent from a session will not relieve a student of the responsibility for the material covered.

56.6 Examinations: An end-of-course examination shall be developed and administered by the respective educational institution and/or instructor(s). The score for successful examination completion will be 75 percent correct.

56.6.1 An institution will allow a student take one retake examination to sit for one retake examination prior to documenting course failure. A new examination shall be developed for students who request the retake.

56.6.2 Institutions may elect, and it is encouraged that practice examinations be administered during the conduct of the course.

56.7 Facilities: It is strongly recommended that course material be presented in a classroom setting conducive to learning, except where the course is being provided in a distance learningeducation format.

5.9.6.10.5 Instructors may and are encouraged to use additional references and hand out materials as they feel these materials are needed.

5.106.11 The License Law and the Rules and Regulations of the Commission are readily available on the Commission's web site at www.dpr.delaware.gov. The current Delaware Code is available on line at www.delcode.state.de.us.

67.1 General Requirements - An educational course to be approved as satisfying Delaware's real estate continuing education requirements must be an organized real estate related course, offered under responsible sponsorship, facilitated by an instructor approved by the Commission. The Education Committee and the Real Estate Commission shall liberally construe the Module topic areas to include a broad range of subject matter relevant to real estate practices.

6.47.3 In any biennial license period, up to three (3) credits applicable towards Module 5 may be obtained by Delaware Association of Realtors (DAR) members who serve on the State Public Policy/Committee provided that: 1) the member attends no less than eighty percent (80%) of the annual State Government Affairs Committee meetings; and 2) the DAR Executive Vice President or DAR President certifies attendance in the form and manner prescribed by the Commission.

6.57.4 Programs shall be a minimum of one (1) hour and delivered in one (1) hour increments.

6.67.5.1 Delaware broker’s licensing course: Upon successful completion of an approved Delaware broker’s licensing course, a licensee shall receive 21 hours of continuing education credit. These 21 hours shall satisfy the continuing education requirements (Modules 1 – 7) for the biennial licensing period in which the course was completed. The course provider shall provide the licensee with a certificate stating that Modules 1 – 7 have been satisfied upon successful completion of the broker’s licensing course. This Rule shall be retroactive for all licensees who have successfully completed the broker’s licensing course after May 1, 2012.

6.67.5.2 Out-of-state broker’s licensing course: Upon successful completion of a broker’s licensing course in a state outside of Delaware, consisting of at least 99 hours of education, a licensee shall receive 18 hours of continuing education credit, satisfying Modules 1 – 4 and 6 – 7, for the biennial licensing period in which the course was completed. This Rule shall be retroactive for all licensees who have successfully completed the broker’s licensing course after May 1, 2012.

6.77.6 Licensees successfully completing a minimum of 6 hours of a National Accreditation Program during a licensure renewal period and receiving a nationally recognized designation or providing proof of successfully completing a section towards a nationally recognized designation may submit pursuant to Section 7.28.2 for six (6) credit hours to satisfy Modules 6 and 7. The instructor shall be considered an approved instructor.

78.1 An application for course approval (on forms approved and provided by the Commission), course outline, all applicable fees and any other documentation that may be required, must be filed by the course sponsor or provider, with the Division of Professional Regulation, Delaware Real Estate Commission, Education Committee, 861 Silver Lake Boulevard, Suite 203, Dover, Delaware 19904-2467, at least sixty (60) days prior to the date that the course is to be held. Failure to file within the appropriate time limit may be cause for rejection. Recommendations of the Education Committee shall be made to the Commission within thirty (30) days after the Education Committee receives and reviews the completed application. An application that is incomplete when filed may not be considered to have been filed.

78.2 An application for an individual student request for approval of an educational course (on forms approved and provided by the Commission), including the course outline, instructor resume of a qualified instructor, and any other documentation that may be required, may be filed by the individual student with the Delaware Real Estate Education Committee within twelve (12) months. An instructor resume is not required where the course will be taught by a Commission or ARELLO approved instructor. Recommendations of the Education Committee shall be made to the Commission within thirty (30) days after the Education Committee receives and reviews the completed application. An application that is incomplete when filed may not be considered to have been filed. The subject educational course must comply with Section 6.07.0 herein and any other applicable Guidelines. An application that is incomplete when filed, may not be considered to have been filed.

78.3 Courses approved for Modules 1 – 6 automatically qualify for credit for Module 7. Students are not required to submit a separate application for Module 7 approval for courses in Modules 1 – 6. This Rule does not apply to out-of-state courses.

89.1 The organization receiving approval of a course or program must maintain a record of the course for not less than three years from the date of the course offering. The record shall include the documents as listed in "Maintenance and Availability of Records".

89.1.1 Maintenance and Availability of Records - An individual record of participation must be maintained by the sponsoring organization for a period of not less than three (3) years from the date of the course and upon request made readily available as an official statement to each student of his or her participation. Information which must be included as part of this record is:

89.1.1.8 A copy of the course approval letter received from the Commission

89.1.1.9 A copy of the individual instructor(s) approval(s) letter(s) issued by the Commission.

89.1.1.10 A copy of the individual student evaluations on forms provided by the Commission.

89.1.1.11 A copy of the course sign in sheet, with the licensees printed name, signatures of the students, license numbers, and their completion status, e.i., satisfactory or unsatisfactory.

89.2 Organization and Facilities – The sponsoring organization must have a designated individual responsible for the administration and coordination of the education program. That designee shall be responsible to report to the Commission and/or the Committee for the proper conduct of each such program. Facilities - The sponsoring organization must provide or arrange for appropriate educational facilities, and when necessary, library and reference materials and all instructional aids and equipment consistent with the content, format, and objective of each learning experience.

89.3 A course may be approved for a period of two (2) calendar years, provided the course is conducted by the sponsor or provider making application, the curriculum and course length remains exactly as approved, and approved instructors are utilized. The Education Committee may recommend a shorter or probationary approval where good cause for limited approval can be demonstrated. Courses cannot be automatically renewed. Sponsors or providers will need to reapply by the course expiration date before conducting further courses. The Education Committee may recommend to the Commission that a provider's privilege of conducting a approved course be revoked for the remainder of the approval period, if the Education Committee determines that the provider is not maintaining the standards.

89.4 Sponsors or providers of all education courses shall be wholly and completely responsible for the conduct of their attendees, including faithful and complete student attendance as well as facilities management. Faithful and complete attendance is attentive presence for at least fifty (50) minutes of each credit hour. The course sponsor or provider shall determine whether students may use electronic devices during the course. Students shall be advised whether electronic devices are permitted before the course begins.A student who arrives after the instruction has begun or leaves before instruction is complete shall not be given continuing education credit.

89.4.1 Sponsors and providers shall arrange for an on-site monitor in addition to the approved instructor for each course. At no time will self-monitoring be permitted for Continuing Education Course.

89.4.2 Monitors are appointed to assist the course sponsors or providers and instructors. As a minimum, monitors will ensure students provide their own signatures on the course roster and advise the provider of those students who do not comply with faithful and complete attendance.

89.4.3 Monitors may be students for educational credit for that course.

89.4.4 The course sponsor or provider will supply to the student at the completion of the course or program, DREC approved certificate of completion. This certificate must contain, but is not limited to, the following information:

89.5 The organization offering the course, shall, within fifteen (15) days after the completion of the course, provide a list of participants, their real estate license numbers (if applicable) and a copy of each student's course and instructor evaluation form and an evaluation summary report form to the Commission's Office. The evaluation summary report form shall be signed by any instructors who participated in the delivery of the course thus indicating each has had the opportunity to review the evaluation result. Failure of the organization to provide this information may be grounds to suspend the approval of that course or educational course, in the absence of a showing of good cause for that failure.

89.6 Where the provider is a prelicensing school, the administrator thereof is responsible to apply to the Delaware Department of Public InstructionEducation for certification and to maintain such certification. Proof of current certification must be attached to the application for course approval submitted to the Education Committee.

89.7 By the second class meeting, Prelicensing schools are to solicit the names of students interested in being contacted by recruiters. Any students joining after the first class must be informed of the opportunity to be a part of the recruiting roster at the first class attended. Schools must supply the recruiting roster within seven (7) days of receiving a request from a broker.

89.8 Prelicensing schools will also furnish each student with current information regarding the prelicensing examination to include the "Real Estate Candidate Handbook" which is available to prelicensing schools through the testing service for this purpose.

89.9 Members of the Real Estate Commission, Education Committee or Division of Professional regulation staff shall have the right to audit any approved course without notice.

910.1 It is the stated policy of the Delaware Real Estate Commission that qualified instructors must be directly involved in presenting any professional educational course. Qualifications are determined by:

910.1.1 Competence in the subject matter (may be evidenced by experience in which command of subject matter is recognized by the individual's peers, and/or by a formal education or training, and/or by demonstrated knowledge through publication in professional journals or appropriate media); ability to demonstrate knowledge and skill in the instructional methodology.

910.1.2 Ability to effectively communicate the educational material to the participants as determined by student evaluations and/or test results from previous instructional assignments;

910.2 The person applying for instructor approval must have a minimum of five years full time experience in a real estate related topic in their area of expertise, plus one of the following:

910.2.1 A Bachelor's degree with the exception of pre-licensing law which must have a Juris Doctorate degree

910.2.3 Possession of a valid teaching credential or certificate issued in the State of Delaware (or any State with qualifications that are equal to, or that exceed the qualification standards of the State of Delaware), and/or five (5) years of teaching experience in an accredited public, private, or parochial school; and/or five (5) years teaching experience in an accredited junior college, college or university.

910.3 The Commission may waive or make an exception of the above requirements contingent upon review of proof of collateral experience in related fields of real estate. The Commission reserves the right to exercise its discretion in denying any applicant who has had a disciplinary action taken against him/her.

910.4 In addition to the qualifications listed above, the Commission shall take into consideration evaluations from previous programs that the applicant has instructed. The Commission will also take into consideration recommendations or absence thereof of course providers, course coordinators, administrators and institutions that have employed the applicant.

101.1 Applicants for instructor shall submit an application (on forms approved and provided by the Commission), resume and any applicable fees to the Division of Professional Regulation, Delaware Real Estate Commission, Education Committee, 861 Silver Lake Boulevard, Suite 203, Dover, DE 19904-2467, at least sixty (60) days prior to the employment starting date. Failure to file within the appropriate time limit may be cause for rejection. Recommendations of the Education Committee shall be made to the Commission within thirty (30) days after the Education Committee receives and reviews the application. An application that is incomplete when filed may not be considered to have been filed.

101.2 An instructor may be approved in more than one subject or topic area for a period of two (2) calendar years. An instructor may only teach courses as approved by the Commission. Instructors will need to reapply by the approval expiration date and before teaching any further courses. Applications are available from the Division of Professional Regulation or via the website, www.dpr.delaware.gov.

101.3 An Instructor may receive continuing education credit for teaching a course. This is a one-time credit per Module taught per licensure period.

101.4 The Education Committee shall have the right to recommend to the Commission that an approved instructor lose their approval for the remainder of the approval period should the Education Committee determines that the instructor is not maintaining the standards and/or policies required in these guidelines.

101.5 It is the Stated Policy of the Delaware Real Estate Commission that at no time during periods of instruction shall any person involved in any approved real estate educational course, use, or attempt to use, the position of instructor, sponsor or provider etc., to solicit employees or licensees.

112.1 The following policy is intended to establish procedures for the Education Committee to respond to negative Evaluations received from Course Providers so the Commission may:

112.1.1 Respond in a consistent manner, to each individual Instructor.

112.1.2 Set forth policies and procedures for disciplinary action by the Commission.

112.2 A Negative Instructor Evaluation shall be an Evaluation when the instructor rates below a 70% in the “Instructor” and “Course” sections of the class evaluation.

112.3 When a Negative Instructor Evaluation is received by the DREC Education Committee, the following shall occur:

112.3.1 After an initial review by Administrative Staff, it will be placed on the next scheduled Education Committee meeting agenda.

112.3.2 A notice shall be sent to the Instructor to notifying them of the Negative Evaluation and the date of the Education Committee meeting in the event the Instructor would choose submit correspondence to the Committee to be considered at the meeting and/or attend the meeting. Instructor attendance is not mandatory.

112.3.3 At the next scheduled Education Committee meeting, the evaluations and any correspondence from the Instructor will be reviewed by the Members of the Education Committee.

112.4 Disciplinary actions for the first negative evaluation within a twelve (12) month period:

112.4.1 A letter will be drafted to the instructor to advise them of the negative student reviews and the findings of the Committee. A request may be made to meet with the Instructor.

112.4.2 If a meeting is required, it may take place either by phone or in person and with the Education Committee Chairperson or another designated member of the Committee.

112.4.3 The Committee may choose to designate a Committee Member to attend and observe the next scheduled class of the Instructor.

112.4.4 The Real Estate Commission may elect to waive the Negative Evaluation upon review of the circumstances and the related facts.

112.5 Disciplinary actions for the second negative evaluation within the same (12) month period of the first negative evaluation:

112.5.1 A letter will be drafted to the instructor to advise them of the negative student reviews and the findings of the Committee.

112.5.2 A meeting shall take place in person with the Education Committee Chairperson or another designated member of the Committee.

112.5.3 The Committee shall designate a Committee Member to attend and observe the next scheduled class of the Instructor and provide a report to the Committee regarding the observations made at the class.

112.5.4 The Real Estate Commission may elect to waive the Negative Evaluation upon review of the circumstances and the related facts.

112.6 Disciplinary actions for the third negative evaluation within the same (12) month period of the first negative evaluation:

112.6.1 The Committee may recommend to the Real Estate Commission to revoke the Instructors approved teaching status for a period up to 12 months

112.6.2 A letter will be drafted to the instructor to advise them of the negative student reviews and the findings of the Committee.

112.6.3 The recommendation shall be presented to the Real Estate Commission at the next scheduled meeting.

112.6.4 The Real Estate Commission may elect to accept the recommendation of the Committee, change the revocation period or waive the Negative Evaluation upon review of the circumstances and the related facts.

112.6.5 Upon revocation a notice of such revocation shall be sent to all approved Course Providers.

112.6.6 An Instructor may re-apply for teaching approval immediately following the expiration of the revocation period.